Agenda item

Verbal update or report to follow  

The Licensing Committee considered a report detailing the implications of the Business and Planning Act 2020 which received Royal Assenton the 22nd July and proposed delegated powers to enable licensingprovisions in respect of street pavement licenses and automatic off sales entitlement.

The act introduced a new, temporary, fast-track process for businesses
to obtain a pavement licence, from the Council for the placement of furniture such as tables and chairs on the pavement outside premises. It was envisaged that a license would enable the maximisation of a premise’s capacity whilst still allowing adherence to social distancing guidelines.

It was acknowledged that the Council was required to determine applications made in accordance withthe Act and that the determination of the applications would be best delegated to the Executive Head of Community. In addition it was noted that the committee were required to make a decision in order to create a suitable appeals process for the decisions made by the Executive Head of Community in respect of the granting of pavement licenses.

RESOLVED that

     I.        authority be delegated to the Executive Head of Community to determine any application for a pavement licence made in accordance with the Business and Planning Act 2020;

    II.        authority be delegated to the Executive Heads of Community with regards to the remaining licensing provisions in the Act;

  III.        enforcement powers in respect of the act be delegated to the Executive Head of Community in consultation with the Executive Heads of Transformation and Regulatory where required;

  IV.        the fee for the Pavement Licence be set at £100;

   V.        the Guidance to Businesses, as published as a supplement to the agenda papers, be noted;

  VI.        appeals in respect of the determination of applications, be conducted and determined by the Head of Legal Services in consultation with the Chairman and Vice Chairman of the Licensing Committee and one other Licensing Committee Member;

VII.        and the final details of the appeals process be delegated to the Executive Head of Community in consultation with the Chairman and Vice Chairman of the Licensing Committee.